What is the standard for a child witness in a sexual assault case?

Ontario, Canada


The following excerpt is from R v DB, 2013 ONSC 7538 (CanLII):

Child witnesses, generally speaking, should not be held to an exacting standard on, for example, the timing of an alleged offence. That would be unrealistic and unnecessary. Regina v. M.B.P., 1994 CanLII 125 (SCC), [1994] S.C.J. No. 27, at paragraph 16.

The judiciary should take a common sense approach in assessing the testimony of children. Some contradictions in the evidence of a child should not be given the same treatment as similar flaws in the testimony of an adult. Regina v. B.(G.), 1990 CanLII 7308 (SCC), [1990] S.C.J. No. 58, at paragraph 48.

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